Sarasota Police's release of names draws ACLU attention

Published: Tuesday, October 8, 2013 at 1:00 a.m.

Last Modified: Tuesday, October 8, 2013 at 12:19 a.m.

SARASOTA - The ACLU is looking into privacy policies at the Sarasota Police Department after a news release included the names of five women whose identities should have been protected under health privacy laws.

The police department issued a news release at 10:25 a.m. Friday promoting Turn Your Life Around, a crime-fighting program. Five women detained Oct. 1 during an undercover prostitution operation were offered the chance to receive services from First Step, according to police. They agreed, voluntarily committing to the Marchman Act — a Florida law regarding substance abuse treatment.

The email included the names and birth dates of the five women.

A second email followed an hour later, asking that the names not be published.

“Regarding the release, Sarasota Police Department begins TYLA - Turn Your Life Around sent earlier this morning, the Lieutenant with the program is asking the names of the women not be released on media outlets or websites at this time,” the email states.

Michael Barfield, vice president of the Florida ACLU chapter, said those names should have been protected by HIPAA laws because the women are seeking medical attention for substance abuse.

“I sent an email to the police chief and city attorney asking: a) how can this happen? And b) who is responsible?” Barfield said. “The program sounds like an excellent program, but it's not off to a very good start given that its first act was to violate the privacy of these individuals.”

Barfield said Monday afternoon that he had not heard back from either official.

Eric Werbeck, a city attorney who advises the police department, was unaware of the email until a Herald-Tribune reporter called him seeking comment.

He is looking into the issue.

Chief Bernadette DiPino could not be reached for comment.

Genevieve Judge, partnership policing communications coordinator, is the person who sent the original and updated emails to the department's media list.

“The first email went up the chain-of-command to be approved,” Judge said.

Barfield said he is not looking into litigation, but wants to review department policies.

“At this point, we're just in the information-gathering state,” Barfield said. “My hope is the department tightens its procedures relating to privacy rights of all individuals.”

<p><em>SARASOTA</em> - The ACLU is looking into privacy policies at the Sarasota Police Department after a news release included the names of five women whose identities should have been protected under health privacy laws.</p><p>The police department issued a news release at 10:25 a.m. Friday promoting Turn Your Life Around, a crime-fighting program. Five women detained Oct. 1 during an undercover prostitution operation were offered the chance to receive services from First Step, according to police. They agreed, voluntarily committing to the Marchman Act — a Florida law regarding substance abuse treatment.</p><p>The email included the names and birth dates of the five women.</p><p>A second email followed an hour later, asking that the names not be published.</p><p>“Regarding the release, Sarasota Police Department begins TYLA - Turn Your Life Around sent earlier this morning, the Lieutenant with the program is asking the names of the women not be released on media outlets or websites at this time,” the email states.</p><p>Michael Barfield, vice president of the Florida ACLU chapter, said those names should have been protected by HIPAA laws because the women are seeking medical attention for substance abuse.</p><p>“I sent an email to the police chief and city attorney asking: a) how can this happen? And b) who is responsible?” Barfield said. “The program sounds like an excellent program, but it's not off to a very good start given that its first act was to violate the privacy of these individuals.”</p><p>Barfield said Monday afternoon that he had not heard back from either official.</p><p>Eric Werbeck, a city attorney who advises the police department, was unaware of the email until a Herald-Tribune reporter called him seeking comment.</p><p>He is looking into the issue. </p><p>Chief Bernadette DiPino could not be reached for comment. </p><p>Genevieve Judge, partnership policing communications coordinator, is the person who sent the original and updated emails to the department's media list.</p><p>“The first email went up the chain-of-command to be approved,” Judge said.</p><p>Barfield said he is not looking into litigation, but wants to review department policies.</p><p>“At this point, we're just in the information-gathering state,” Barfield said. “My hope is the department tightens its procedures relating to privacy rights of all individuals.”</p>